FAKIRCHAND Vs. THE STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) (Oral) - The petitioner has principally claimed a two-fold relief in the instant writ petition. He has asked for quashing of the Government Resolution dated 15.6.1977 by which the posts of Aval Karkuns in the Maharashtra Revenue Tribunal (for short, "MRT"), Nagpur Bench, Nagpur were abolished and instead the posts of First Grade Clerks were created therein, so that he would be entitled to all the benefits of the post of Aval Karkun, which according to him, is a higher post as compared to the post of First Grade Clerk. The other relief which he has claimed in the instant writ petition is that the State Government should be directed to treat the petitioner as the First Grade Clerk on the roll of any of the Collectorates in the Division and to fix his seniority in the said cadre of the Collectorate so that all the promotional avenues and other benefits which are available to the persons belonging to the said cadre of the Collectorate are available to him.

(2.) The facts are that the petitioner was originally appointed as a Junior Clerk in the Nagpur Bench of the MRT by an order dated 5.6.1958. He joined his services on 10.6.1958. He was promoted in the post of Aval Karkun by an order dated 18.8.1965 with effect from the previous date, i.e. 17.8.1965. The pay-scale of the post of Aval Karkun, was according to the petitioner, Rs. 100- 170 at that time which was subsequently revised to Rs. 145-215.

(3.) The petitioner worked as Aval Karkun till 30.6.1967. By the Government Resolution dated 15.6.1967 impugned in this writ petition, the four posts of Aval Karkuns in the Nagpur Bench of the MRT were abolished and instead four posts of First Grade Clerks were created with effect from 1.7.1967 having the pay scale of Rs. 145- 185. It is in one of these posts of First Grade Clerks that the petitioner was appointed with - effect from 1.7.1966 by the order dated 19.7.1967. It is clear from the Government Reso. dated 15.6.1967 that the four posts of First Grade Clerks created in the Nagpur Bench of the MRT were temporary posts and were to be created as temporary addition to the permanent cadre. It is, however, not specified in the said Govt. Resolution dated 15.6.1967 as to which permanent cadre these temporary posts were additions. Since these posts were temporary, the petitioner was appointed temporarily to the post of the First Grade Clerk and he still continues to be a temporary employee since up till now no decision is taken by the State Government on the question as to which permanent cadre these posts are additions. It is pertinent to see that in the Nagpur Bench of the MRT all the posts and all its cadres of service are temporary since the State Government has not made up its mind about the service set up of the Nagpur Bench of the MRT uptil now.